Survivors of a mass shooting two years ago in Lewiston, Maine, are suing the Army and the Defense Department on Wednesday, claiming that the military failed to take action to stop the gunman, an Army Reservist, from killing 18 people.
“This case arises from one of the most preventable mass tragedies in American history — a mass shooting that could and should have been stopped by the United States Army,” lawyers for the plaintiffs wrote in the lawsuit, which was filed in federal court in Maine on behalf of more than 100 survivors and relatives of victims.
The behavior of the gunman, Robert R. Card II, a 40-year-old Army Reserve grenade instructor from Bowdoin, Maine, had concerned Army colleagues and supervisors for months before he targeted victims at a bar and bowling alley on Oct. 25, 2023. He was sent for psychiatric evaluation at a hospital months before the shooting, but the Army did not take away his firearms.
The lawsuit, filed on Wednesday morning, argues that the military was aware of “unique risks posed by service members with mental illness,” and that it knew of “the effects on the brain from repeated exposure to blast forces” that “likely caused or contributed to” the gunman’s “precipitous onset of mental illness.”
Scientists who examined the gunman’s brain found significant damage, similar to that detected in the brains of veterans exposed to weapons blasts. He had been exposed to thousands of blasts in his years as a grenade instructor.
The suit further charges the Army with violating its own policies and regulations by failing to respond to the threat of imminent harm posed by Mr. Card, and failing to take away his weapons after he made threats.
Lawyers for the survivors said the government did not respond to their initial administrative filing in October, in which they served notice of their intent to sue. As a result, they said, families were forced “to seek justice through the courts,” a process that could take years.
“If the Army does not accept accountability here, where it knew its soldier had severe mental illness, had access to weapons and was warned in advance that he planned to commit a mass shooting,” Benjamin Gideon, a lawyer for survivors, said in a statement, “then it’s hard to imagine the Army ever accepting accountability without being forced to do so in court.”
An Army spokeswoman, Lt. Col. Ruth Castro, said that the Army would not comment on continuing litigation.
An Army investigation into the shooting concluded that Army Reserve commanders failed to follow protocols as Mr. Card’s mental health deteriorated, but found no link between his blast exposure and his actions on Oct. 25, 2023. Three Army Reserve officers were given administrative punishments for their lapses.
The Army has said that it is making changes to its psychological health program for reservists, and that it is “committed to reviewing the findings and implementing sound changes to prevent tragedies like this from recurring.”
Jenna Russell is the lead reporter covering New England for The Times. She is based near Boston.
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